National Industrial Court of Nigeria in Lagos has ordered Lafarge Africa Plc to pay N2 million in damages to a former employee after finding that the company unlawfully retained and continued using his personal data years after his exit.
In a judgment delivered on February 17, 2026, in Suit No. NICN/LA/60/2022, Justice Ikechi Gerald Nweneka ruled that the cement manufacturer breached the claimant’s right to privacy by listing his name and contact details in official purchase orders long after his employment ended.
Mr. Kehinde Adeniyi Johnson, claimant, had approached the court in February 2022, alleging that although he left the company in November 2019, his name, personal email address and phone number remained attached to Lafarge’s.
He sought multiple declarations and N50 million in general and aggravated damages, arguing that the continued use of his identity amounted to unlawful usage, fraudulent misrepresentation and emotional distress.
According to court filings, Johnson told the court that he kept receiving calls, emails and WhatsApp messages from suppliers and logistics agents regarding consignments intended for Lafarge.
He recounted an incident involving a shipment from India: after being contacted by a dispatcher, he accepted delivery but was denied access to company premises upon arrival.
He later alleged that he was attacked by armed robbers in the aftermath, blaming the exposure created by the company’s continued use of his identity.
Lafarge denied liability, attributing the issue to a system malfunction. The company maintained that it deactivated Johnson’s official email and server access upon his departure and notified relevant suppliers of his disengagement.
It also challenged the court’s jurisdiction, arguing that claims relating to tort and emotional distress fell outside the court’s scope.
In addressing preliminary objections, Justice Nweneka dismissed the company’s challenge to the admissibility of emails and WhatsApp messages tendered as evidence, holding that the communications were not hearsay since they involved the claimant and company representatives.
On jurisdiction, the court held that the dispute stemmed directly from the employment relationship and therefore fell within its competence.
It further clarified that the suit was not brought under the Fundamental Rights Enforcement Procedure Rules, making it properly instituted before the court.
After reviewing the evidence, the judge found that Lafarge continued to use Johnson’s name and telephone number in purchase orders well after his exit, thereby violating the Nigeria Data Protection Act and Section 37 of the 1999 Constitution, which guarantees the right to privacy.
he court also upheld the claim for intentional infliction of emotional distress, describing the company’s conduct as reckless, particularly after it had been formally notified by the claimant’s solicitors.
However, several other claims including those relating to human dignity, tortious interference, indemnification and aggravated damages were dismissed for lack of proof or improper framing.
In awarding N2 million in damages, the judge cited statutory limits under the data protection law and the principle of proportionality.
The court further directed Lafarge to permanently erase the claimant’s personal data from its servers, applications and procurement systems, and to deactivate any pre-generated codes bearing his name.
